When Things Get Rough Out There, Remember you are part of a long-term solution.

We end up listening to information, not evidence, from lawyers who are not sworn in as witnesses, as to matters that are totally outside their scope of knowledge. And then we end up arguing over giving title to a party who admittedly doesn’t have one dime committed to the transaction and who stands to lose [...]

Investors and Borrowers Unite!

if you peal away the apparent differences you find that there is an inherent joinder of interest investors and borrowers: both were deceived and both lost nearly everything they had by purchasing a financial product that was misrepresented — artificially inflated as to quality and value. And both were subject to the same MO — [...]

JUDGE MAYER ECHOES JUDGE SHACK: ANOTHER NY CASE….THINGS ARE CHANGING!!!!

If you can get through the formatting errors, it is worth reading. Judge Mayer clearly states that “The original lender, WMC Mortgage Corp., apparently had the mortgage assigned to entities other than this plaintiff: however, there is no proof of assignments annexed to the moving papers and no proof that this plaintiff is the proper [...]

While We Were Sleeping, Idaho Took the Lead: In re Sheridan — Real Party Must Have Actual Pecuniary Interest

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be [...]

“The Dog Ate Your Mortgage” — Gretchen Morgenson (NY Times) Hits it Again

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW If you want a summary of about 75% of what we cover at the seminar in Clearwater, Florida on November 1-2, just read this article. I’ll explain how we got to this point, the legal points to be raised and how to [...]

TWO Undisclosed Yield Spread Premiums: Why Securitization Changes the Game

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for [...]

**ONLY ONE (1) DAY LEFT TO PRE-REGISTER** Workshops scheduled for Florida *—* November 1-2, 2009 Sheraton Sand Key Resort in sunny Clearwater Beach FL

See and hear Neil Garfield Live at the TAMPA-CLEARWATER Sheraton Sand Key Resort & Hotel. CHANGE YOUR CLOCKS SATURDAY NIGHT: SUNDAY AND MONDAY TIMES ARE E.S.T. *Limited Seating Remaining – Register in Advance What Lawyers Are Saying About Neil Garfield’s CLE Seminars Click here for video Click link below to Register for Attorneys’ Seminar —-Approved by FL Bar for 9.5 [...]

Judge Maltese in New York Gets It: Deutsch Bank v Abbate

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SEMINAR IN CLEARWATER, FLORIDA NOV 1-2: INFORMATION ON SEMINAR AND BOOKS Thanks to Jeff and Judge Maltese: “At the time that the plaintiff improperly commenced the action, the pathway to the Courthouse should have been blocked. Deutsche Bank had no legal foundation to foreclose a mortgage in which it [...]

New Shockwaves From Courts and Accounting Board

Wall Street was not responding to legitimate consumer demand, it was creating an artificial demand simply to create mortgage product to feed its securitization machine and generate big fees for itself. Comment from Reader: “MERS and the Pretender Lenders are seeking the courts to credit them with a touchdown despite the obvious fact that they [...]

Where is the Lender? Where is the Counterparty?

EDITOR’S NOTE: usedkarguy gets it pretty well. He submitted the following comment which I have edited into this post, but I retain all his basic observations. This one deserves a re-read. Essentially he  is proving a major point: You can’t pick up one end of the stick without picking up the other. If the pretender [...]

Wisdom Succumbs to Wise Guys

It is difficult to imagine anything more obvious than splitting the risk taking core model of Wall Street from the risk averse core model of banking. The dilution of Glass-Steagel over the years and its eventual repeal is exactly how we got into this mess. Coupling that with deregulation and non-transparency created a context in [...]

The Truth Will Set You Free: The Logic and the Law are Simple and Old as Common Law Dating Back Centuries

Thanks to Deontos: Editor’s Note: The logic is simple, basic and the law is old, accepted and “black letter.” No new law is needed to overturn all the foreclosures since 2001, no fancy footwork is required to throw the bums out of court and sue them for the damage they created when they filed false [...]

Human Cost of Economic Skulduggery

Editor’s Note: From Home, to Car to Shelter. It’s a common story and a tragedy. But if that is a tragedy then where is the outrage when we add the component that she was probably wrongly dispossessed, that she probably still owns her house and that if she had proper legal representation in a court [...]

Welcome to Kindle Edition: Livinglies.wordpress.com BLOG

Many thanks to Amazon for making it easy. Livinglies now beamed directly onto your Kindle with the latest posts, news, forms, cases and statutes. This is the #1 Site on the Internet for resources and research on the Mortgage Meltdown, Foreclosure Litigation, Forensic Review and Analysis, CLE Seminars for Attorneys, Forms for Pro Se Litigants, [...]

Judge Long Massachusetts Foreclosure Decision Throws Securitization Intermediaries into Chaos, REO Sales Stopped

Editor’s Note: Anyone who underestimates the importance of Judge Long’s decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims [...]

JC question shows the way to recovery of equity and helping two or more homeowners for the price of one

JC question shows the way to recovery of equity and helping two or more homeowners for the price of one. Seek damages under any of the theories we have suggested here or any one we have a not thought of and if you get a final judgment for damages it will either be paid by [...]

What do these case decisions mean?

First, you must realize that they are not “Law” with a capital “L”. Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, [...]

Judge Long: Principal Must be Disclosed

Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that [...]

US Bank v Ibanez: Now They Are Getting the Point

Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and [...]

TOXIC TITLE: Cloud in Massachusetts: Getting Back Your Home AFTER Foreclosure Sale

Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No [...]